QUESTION
During a murder trial can I be subpoenaed as a character witness?
Asked on Aug 13th, 2015 on Criminal Law - South Carolina
More details to this question:
My ex-husband was murdered in what the defense attorney is claiming was self-defense by the woman who killed him. The defense is trying to get me to give a sworn statement, basically because I was his only wife as well as the mother of his only child and we had a very rocky relationship, giving details about our relationship. Do I have to talk to them and am I in jeopardy of being subpoenaed to be a character witness?
1 ANSWER
Aviation Law Attorney serving Mount Pleasant, SC
Partner at
J. Brooks Davis, Attorney at Law
2 Awards
You cannot be compelled to testify against your ex-husband for communications made during your marriage. Following is the appropriate SC rule of evidence:
SECTION 19-11-30. Competency of husband or wife of party as witness.In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, or criminal sexual conduct involving a minor.
Answered on Aug 15th, 2015 at 12:28 PM